Criminal Defense Lawyer in Marietta, GA

Reckless Driving In Georgia


Have you been accused of reckless driving in Cobb County?

Reckless driving is a serious and often costly offense. In addition to facing criminal charges, you may also be subjected to hefty fines, penalties and even jail time.  Your charges will ultimately depend on the circumstances surrounding your case.  Was there alcohol or controlled substances involved? Were there children in the car? Aside from a reckless driving charge, there may often be additional charges resulting from the initial stop.  

Defend Yourself Against Reckless Driving Charges In Georgia

It is important you equip yourself with the information that you will need in order to defend yourself.  It is vital to speak to a Criminal Defense Attorney immediately to begin mounting your defense strategy.  So how can you defend yourself against Reckless Driving Charges in Georgia?

Let’s look at some options for your defense

You were not the operator of the motor vehicle in question.

The burden of proof rests on law enforcement.  Law enforcement must provide evidence that you were actually in the driver’s seat and the officer would have to testify as such.  If your reckless driving charge was a result of a driving incident or accident, the likelihood that the officer actually saw you behind the wheel is not likely at all. In fact, it can be argued that you were not in control of the vehicle.

Improperly Calibrated Radar

Often, law enforcement may interpret speeding as Reckless Driving.  The fact is that you don’t know what law enforcement officers will be on the road or what their individual perception of Reckless Driving is despite any pre-requisites in the law for what constitutes Reckless Driving.  A speeding ticket, while serious, may not be as grave as an actual Reckless Driving charge.  If a police officer utilized any form of radar equipment, the burden of proof is on them to show that that equipment has been continuously maintained, updated, and calibrated correctly.

It can be argued in your favor that the equipment was not properly calibrated and requesting an expert from the police department to testify can be quite a disturbing tool to use in your defense. Often, an officer has not had extensive training or re-training on calibrating the radar, nor did they build the equipment and it is very likely that they will not be able to answer questions as to how the atmosphere or general weather (wind, precipitation, etc.) could have affected their readings.

Contact Cob Criminal Defense

It is critical that you understand that a Reckless Driving charge in Cobb County or in the state of Georgia for that matter is NOT the same as a speeding ticket.  This is a serious offense and you will need a serious defense.  Call my office today and learn how I can help you fight these charges.

By : First Page Attorney | January 16, 2020 | Criminal Defense

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